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April 19, 2024

Factors that Determine What Your Personal Injury Claim is Worth

April 19, 2024

You may find yourself in a personal injury case due to an accident, illness or medical malpractice. It may be necessary to hire an experienced injury attorney to guide you through the complexity of a personal injury claim. While each case is unique, there are generally six important factors that will determine how much your personal injury claim is worth.

1. Who Is At Fault?

If it’s unclear who was at fault, or if both you and another person share fault, you may end up receiving only a percentage of what your damages are worth.

There are a few important factors to consider when determining fault.

  • The police report
  • The credibility of the witness
  • Preexisting conditions

2. How Much Income Is Lost?

how much is your claim worthIf you are the primary breadwinner in your family and you won’t be able to work for an extensive period of time this will likely increase your claim.

According to, there are several steps you’ll need to take to calculate your lost wages and prepare for a personal injury case. This may include receiving letters from your doctor, your employer and possibly a police report.

3. What Is The Severity Of The Injuries?

If you suffer from life-threatening injuries you’ll need a greater compensation than if you only suffer minor injuries. Not only will the severity of the injuries be taken into consideration, but if the condition will be permanent. Permanent is a big deal.

You may need medications or certain types of therapy. Injuries that are more severe are referred to as hard injuries.

  • Spinal cord injuries
  • Head injuries
  • Nerve damage
  • Broken bones

Injuries that are normally considered less severe are called soft tissue injuries. These types of injuries often require little to no medical care and are not permanent.

  • Bruising
  • Sprains
  • Muscle strains
  • Whiplash

4. What Are The Medical Expenses Related To The Personal Injury Claim?

Even a few days in the hospital for relatively minor injuries can be quite costly. According to a recent survey reported in Forbes, unplanned medical expenses created financial hardship for 63 percent of those who responded.

  • Will there be the possibility of future medical expenses related to your current injuries?
  • How much medical care or therapy will you need to reach your previous level of health before the injury?

All of these questions will need to be taken into consideration when determining the worth of your claim.

5. Is there Any Property Loss?

If you’ve been in an automobile accident this would include your vehicle and any other property that was in the car and damaged during the accident.

If you’ve been in a car accident it’s important to always call the police and obtain a police report.

It will need to be determined if any of your property is a total loss. Should items be replaced or repaired, and what would be the estimated cost?

6. How Much Pain And Suffering Is Involved?

Emotional as well as physical pain and distress would be considered when determining the worth of a claim. The pain and suffering claims involved in an accident are often not just limited to the injury itself.

Unfortunately, marriages have crumbled and lifestyles have dramatically changed after a serious accident. It can be extremely stressful to endure medical treatments and make your way back through the healing process.

Remember, hurt people go to the doctor. Also, people who are suffering from mental stress and anguish also go see medical professionals and get the suffering documented.

If you’ve been injured due to an automobile accident, work-related incident, a faulty product or because of a medical related issue it’s important to seek legal counsel as soon as possible.

There are often time limits regarding how long you have to make a claim. Smiley Law Firm can provide you with a committed team of experienced attorneys who will fight for you. Contact Smiley Law Firm for more information.

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